Independent negotiating

(a) Unfair labor practices Section 8 of the National Labor Relations Act (29 U.S.C. 158), as amended by section 4, is further amended— (1) in subsection (a)(3)— (A) by striking or (B) and inserting (B); and (B) by striking membership; and inserting membership, or (C) if, in a covered State, the employee has ceased to be a member of a labor organization or pay an exclusive representative; and (2) in subsection (b), by inserting after paragraph (8) the following: (9) in a covered State, to represent or bargain on behalf of employees who have ceased to be a member of a labor organization or pay an exclusive representative; (10) in a covered State, to interfere with employees who have ceased to be a member of a labor organization or pay an exclusive representative engaged in independent negotiating; (11) in a covered State, to restrain or coerce employees who have ceased to be a member of a labor organization or pay an exclusive representative from engaging in independent negotiating; and. (b) Exclusion of workers engaged in independent negotiating from representation Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), as amended by section 2, is further amended— (1) by inserting (other than any employee who has elected to engage in independent negotiating) after all the employees; (2) by inserting, in a State or Territory that is not a covered State, before any individual; and (3) by striking such adjustment. and inserting such adjustment: Provided further, That, in a covered State, an individual employee shall engage in independent negotiating with their employer if such employee has ceased to be a member of a labor organization or pay an exclusive representative.. (c) Independent negotiating and covered State defined Section 2 of the National Labor Relations Act (29 U.S.C. 152), as amended by section 6, is further amended by adding at the end the following: (18) The term independent negotiating means, in a unit that is located in a covered State and is represented by a labor organization or other exclusive representative for the purposes of collective bargaining, negotiating between an employer and an individual employee as though such employee were not in such a unit and without regard to the existence of a collective-bargaining contract or agreement. (19) The term covered State means a State or Territory which prohibits the execution or application of agreements requiring membership in, or payment to, a labor organization as a condition of employment..